352.. tm 

N4-S3C- 


CITY  CLEll  OF  MEWTOI, 

? . 0.  W«t  N»trt»,  Ma* 

CITY  OF 


NEWTON. 


MASSACHUSETTS. 

No.  18735.— No. 19492. 

REPORT  OF 

JOINT  SELECT  COMMITTEE 

ON 

REVISION  OF 


THE  CITY  CHARTER. 


DECEMBER  9TH,  1895. 


ALDERMEN. 

HENRY  D.  DEGEN,  Chairman.  LOUIS  E.  G.  GREEN. 

COUNCILMEN. 

MITCHELL  WING.  FREEDOM  HUTCHINSON. 

FRANCIS  W.  SPRAGUE,  2d. 


CITY  SOLICITOR. 

W.  S.  SLOCUM,  Esq.  Advisory. 


FANNING  PRINTING  CO., 
Newton  Upper  Falls, 
Mass. 


IN  THE  BOARD  OF  MAYOR  AND  ALDERMEN. 


December  9th,  1895. 

The  Joint  Select  Committee  appointed  by  His  Honor, 
the  Mayor,  on  the  revision  of  the  City  Charter,  beg  leave  to 
submit  herewith  their  report. 

Some  months  have  been  consumed  by  the  committee  in 
what  they  believe  has  been  a careful  study  of  the  present 
Charter,  that  they  might  note  its  defects,  and  if  possible, 
suggest  “a  more  excellent  way”  to  manage  the  affairs  of  a 
large  and  growing  municipality  like  the  City  of  Newton. 

No  hasty  conclusions  have  been  formed,  and  the  practi- 
cal experience  of  the  members  of  both  Boards,  has  been  of 
value  in  enabling  us  to  arrive  at  the  result. 

It  has  not  been  deemed  advisable  to  abolish  the  common 
council  and  substitute  therefor  a single  Board.  This  matter 
was  carefully  weighed — the  reasons  for  and  against  fully 
considered,  and  the  conclusion  arrived  at. 

What  may  be  considered  the  most  radical  suggestion  of 
the  committee,  is  the  creation  of  departments  for  the  execu- 
tion and  administrative  details  of  the  highways,  sewers,  water 
works,  public  buildings,  parks,  etc.,  making  the  heads  respon- 
sible to  the  mayor,  and  to  him  alone,  for  the  faithful  per- 
formance of  their  several  duties. 

This  contemplates  making  the  city  council  a legislative, 
and  not  an  executive  body;  a provision  which  would  seem  to 
commend  itself  to  an}-  one  who  has  had  to  do  with  city 
affairs. 


4 


The  term  of  service  for  both  mayor  and  members  of  the 
two  boards  has  been  lengthened  to  two  years,  and  provision 
is  made  that  one-half  of  each  board  shall  be  elected  annually, 
thus  securing  a continuous  body  in  each  branch. 

The  president  of  the  board  of  aldermen  is  made  the  pre- 
siding officer  of  that  body,  thus  relieving  the  mayor  of  much 
routine  work,  and  leaving  him  free  to  pass  judicially  on  all 
orders  that  may  come  before  him,  and  to  execute  or  veto 
them  as  he  may  deem  wise.  These,  with  some  minor  items, 
constitute  the  changes  which  your  committee  have  made  in 
the  present  charter,  and  we  trust  will  commend  themselves 
to  your  judgment.  A copy  of  the  proposed  charter  is  sub- 
mitted herewith. 

For  the  committee, 

H.  D.  DEGEN,  Chairman. 


AN  ACT  TO  REVISE  THE  CHARTER  OF  THE  CITY  OF 
NEWTON. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 

general  court  assembled , and  by  the  authority  of  the  same , 

as  follows: — 

Section  1.  The  inhabitants  of  the  City  of  Newton,  for 
all  purposes  for  which  towns  and  cities  are  by  law  incorpor- 
ated in  this  Commonwealth,  shall  continue  to  be  a body  pol- 
itic and  corporate  under  the  name  of  the  “City  of  Newton,” 
and  as  such  shall  have,  exercise  and  enjoy  all  the  rights, 
immunities,  powers  and  privileges,  and  be  subject  to  all  the 
duties  and  obligations  provided  for  herein,  or  otherwise  ap- 
pertaining to  said  city. 

The  territory  of  said  city  shall  be  divided  into  seven 
wards,  containing  in  each  ward,  as  nearly  as  may  be  consist 
ent  with  well  defined  limits  to  each  ward,  an  equal  number 
of  voters. 

Sect.  2.  The  administration  of  the  fiscal,  prudential, 
and  municipal  affairs  of  said  city,  with  the  government  there- 
of, shall  be  vested  in  a mayor  and  a city  council,  which  shall 
consist  of  a board  of  aldermen  of  seven  members,  and  a com- 
mon council  of  fourteen  members. 

Sect.  3.  Municipal  elections  shall  be  held  by  ballot  in 
the  several  wards  upon  the  first  Tuesday  of  December  in 
every  year. 

The  mayor  and  city  council  shall  respectively  hold 
office  as  follows:  The  mayor  for  the  term  of  two  years  and 
until  his  successor  is  chosen  and  qualified. 

The  members  of  the  board  of  aldermen  for  the  term  of 
two  years,  except  for  the  first  term  herein  provided  for,  and 
until  a majority  of  the  succeeding  board  is  qualified. 


6 


The  members  of  the  common  council  for  the  term  of  two 
years,  except  for  the  first  term  herein  provided  for,  and  until 
a majority  of  the  succeeding  board  is  qualified. 

The  municipal  year  and  term  of  office  not  herein  other- 
wise fixed  shall  begin  the  first  Monday  of  January  following 
the  election. 

At  the  next  annual  election  there  shall  be  elected  from 
the  inhabitants  of  the  city  the  following  officers  by  the  voters 
at  large: 

A mayor  for  the  term  of  two  years. 

One  alderman  from  each  ward  as  follows:  from  wards 
one,  three,  five  and  seven  for  the  term  of  one  year;  from 
wards  two,  four  and  six  for  the  term  of  two  years. 

One  councilman  from  each  ward  for  the  term  of  one 
year,  who  shall  be  so  designated  in  his  nomination  and  at 
said  election. 

One  councilman  from  each  wTard  for  the  term  of  two 
years,  who  shall  be  so  designated  in  his  nomination  and  at 
said  election. 

At  each  annual  election  thereafter  there  shall  be  elected 
of  said  officers,  successors  for  those  whose  terms  expire  upon 
the  next  first  monday  of  January. 

Sect.  4.  The  mayor  and  members  of  the  city  council 
shall  be  sworn  to  the  faithful  discharge  of  their  duties.  The 
oath  of  office  may  be  administered  to  the  mayor  by  the  city 
clerk  or  by  any  justice  of  the  peace. 

Each  branch  of  the  city  council  shall  be  the  judge  of  the 
election  of  its  own  members,  and  a majority  of  each  branch 
shall  constitute  a quorum  for  the  transaction  of  business. 

No  member  of  either  branch  shall  receive  any  compen- 
sation for  his  services,  nor  be  eligible  to  any  salaried  office  of 
the  city. 

The  aldermen  and  common  councilmen  shall,  on  the  first 
Monday  of  January  in  each  year,  at  three  o’clock  in  the 
afternoon,  meet  in  convention  and  newly  elected  members 


7 


may  be  sworn  by  the  mayor  if  present,  otherwise  by  any  jus- 
tice of  the  peace.  A record  of  the  oath  administered  shall 
be  made  in  each  branch.  The  oath  may  be  administered 
afterwards  to  any  member  of  either  branch,  by  the  city  clerk, 
or  by  the  presiding  officer  of  either  branch  when  in  session. 

After  the  oath  has  been  administered,  the  two  branches 
shall  separate. 

The  aldermen  shall  organize  by  choosing  a president, 
who  shall  be  the  presiding  officer  of  the  board  of  aldermen, 
and  of  the  city  council  when  in  convention. 

The  city  clerk  shall  be  the  clerk  of  the  board  of  aider- 

men. 

He  shall  be  sworn  to  the  faithful  discharge  of  his  duties. 

The  common  council  shall  organize  by  choosing  a presi- 
dent and  clerk,  who  shall  hold  their  offices  respectively  during 
the  pleasure  of  the  common  council.  The  clerk  shall  be 
sworn  to  the  faithful  discharge  of  his  duties. 

The  sessions  of  either  or  of  both  branches  of  the  city 
council  shall  be  public,  except  when  action  is  taken  upon 
appointments  or  removals. 

Sect.  5.  The  city  council,  shall  annually,  in  January, 
elect  by  ballot  in  convention  a city  treasurer,  who  shall  be 
collector  of  taxes,  an  auditor,  a city  clerk,  one  assessor  for 
the  term  of  three  years,  and  from  each  ward  an  assistant  as- 
sessor and  an  overseer  of  the  poor,  and  may  at  any  time  re- 
move any  of  said  officers,  except  an  assessor,  by  concurrent 
vote.  The  terms  of  office  of  said  officers  shall  begin  upon 
the  first  Monday  of  February  following,  and  shall  continue 
until  their  respective  successors  are  chosen  and  qualified. 

The  ma}^or  and  aldermen  shall  appoint  constables,  a city 
marshal  with  the  powers  and  duties  of  a constable,  and  all 
other  officers  required  by  this  act  and  by  the  laws  of  the 
Commonwealth  or  by  the  ordinances  of  the  city,  whose  selec- 
tion is  not  hereinbefore  provided  for,  to  hold  office  until  they 
resign  or  are  removed  by  the  mayor  with  the  consent  of  the 


I 


8 

aldermen;  but  no  member  of  the  city  council  shall  continue 
in  an  appointed  office  after  the  term  for  which  he  was  elected. 

Vacancies  shall  be  filled  in  the  manner  of  the  original 
election  or  appointment,  unless  herein  otherwise  provided. 

In  case  of  a vacancy  in  the  office  of  mayor,  or  of  his 
inability  to  act,  the  president  of  the  board  of  aldermen  shall 
act  as  mayor  until  the  inability  ceases  or  the  vacancy  is  filled. 

The  removal  of  a person  holding  office  from  one  ward 
to  another  shall  not  create  a vacancy  in  such  office. 

Every  person  who  is  elected  or  appointed  to  an  office 
shall  receive  a certificate  of  such  election  or  appointment 
from  the  city  clerk. 

Every  officer  of  the  city,  except  the  mayor,  shall  at  the 
request  of  either  branch  of  the  city  council,  appear  before 
such  branch  and  give  such  information  as  it  may  require,  and 
answer  such  questions  as  may  be  asked,  in  relation  to  any 
matter,  act,  or  thin  or  connected  with  his  office  or  the  dis- 
charge of  the  duties  thereof. 

POWERS  AND  DUTIES  OF  CITY  COUNCIL. 

Sect.  6.  The  city  council  shall,  in  November  of  each 
year,  appropriate  the  amount  necessary  to  meet  the  expendi- 
tures of  the  following  year,  and  such  appropriations  shall  not 
be  increased  or  exceeded  except  by  a vote  of  two-thirds  of 
all  the  members  of  each  branch,  voting  by  yeas  and  nays. 

No  money  shall  be  expended,  and  no  liability  of  the  city 
shall  be  incurred  by  any  member  of  the  city  council,  or  any 
board  or  officer  of  the  city  elected  by  the  city  council,  or  ap- 
pointed by  the  mayor  and  aldermen,  except  in  pursuance  of 
an  order  of  the  city  council. 

The  city  council  shall  have  power: — 

To  make  a new  division  of  wards  in  each  year  of  the 
state  or  national  census;  \ 

To  control  and  have  the  custody  of  all  city  property;  ) 


9 


To  require  a bond  with  sufficient  sureties  of  any  officer 
elected  by  the  city  council  or  appointed  by  the  mayor  and 
aldermen; 

To  establish  by  ordinance  such  departments  and  offices 
not  otherwise  herein  provided  for  as  may  be  necessary  for 
any  municipal  purposes; 

To  establish  a fire  department,  with  such  officers  and 
men,  apparatus  and  regulations  for  the  government  thereof 
as  said  city  council  may  by  ordinance  prescribe; 

To  make  ordinances,  and  affix  penalties  thereto,  as  pro- 
vided herein,  and  by  general  law,  without  the  sanction  of  any 
court  or  justice  thereof; 

To  act  upon  all  matters  in  which  authority  is  now  given 
to  said  City  of  Newton  under  any  acts  to  supply  said  city  and 
the  town  of  Newton  with  water;  . 

To  lay  out,  alter,  discontinue,  locate  anew,  fix  the  grade  j 
of,  or  order  specific  repairs  in,  any  highway,  street  or  town  j 
way,  and  to  estimate  and  assess  the  damages  any  person  may  i 
sustain  thereby,  and  the  powers  of  the  city  council  shall  be  j 
exclusive  therein;  but  action  upon  all  said  matters  shall  first  • 
be  taken  by  the  board  of  aldermen,  and  persons  sustaining  ' 
damage  in  their  property  shall  have  the  remedies  which  are  { 
provided  in  the  case  of  taking  land  for  ways  in  said  City  of 
Newton,  but  there  shall  be  no  appeal  from  a decision  not  to 
lay  out  a way; 

To  act  upon  all  matters  in  which  authority  is  given  to 
said  city  council  and  the  board  of  aldermen  and  the  mayor 
and  aldermen  in  acts  relating  to  “Cheese  Cake  brook,”  to 
laying  and  maintaining  drains  and  sewers  in  said  city  and  in 
the  city  of  Boston  and  the  town  of  Watertown,  to  establish- 
ing grades  for  drainage  and  sewerage  in  said  City  of  Newton, 
and  in  general  laws  relating  to  streets,  sidewalks,  drains  and 
sewers,  and  the  taking  of  lands  from  which  may  be  taken 
earth  and  gravel,  but  action  upon  all  said  matters  shall  first 
be  taken  by  the  board  of  aldermen; 


10 


And  generally  to  exercise  all  the  powers  of  towns,  under 
general  laws. 

Sect.  7.  Provision  may  be  made  from  time  to  time  by 
the  city  council  by  ordinance  ratified  by  the  legal  voters  at 
an  annual  municipal  election  as  follows: 

Fixing  the  number  of  wards,  but  only  in  a year  preced- 
ing that  of  the  state  or  national  census; 

Fixing  the  number  of  members  of  the  common  council, 
provided  that  wards  shall  be  equally  represented; 

Fixing  the  number  of  aldermen,  provided  that  wards 
shall  be  equally  represented. 

POWERS  AND  DUTIES  OF  MAYOR  AND  ALDERMEN. 

Sect.  8.  The  mayor  and  aldermen  shall  issue  notice 
for  meetings  of  citizens  for  municipal  purposes. 

The  mayor  and  aldermen  shall  have  power: 

To  act  in  all  matters  in  which  authority  is  given  to  the 
city  and  said  board  relating  to  the  “Kenrick  Fund;” 

And  shall  have  all  the  powers  of  selectmen  and  of  boards 
of  aldermen  and  of  a mayor  and  aldermen  under  general 
laws,  excepting  as  is  otherwise  provided  in  section  seven. 

POWERS  AND  DUTIES  OF  MAYOR. 

Sect.  9.  The  mayor  shall  he  the  chief  executive 
officer  of  the  city.  He  shall  see  that  the  laws  and  the  ordi- 
nances, orders  and  regulations  of  the  city  are  duly  executed 
and  enforced,  and  shall  exercise  a general  supervision  over 
the  official  acts  and  conduct  of  all  subordinate  officers. 

He  may  suspend  any  officer,  and  may  suspend  any  work 
or  payment,  whether  under  a contract  or  otherwise,  for  a 
period  not  exceeding  ten  days;  but  in  such  case  he  shall  re- 
port his  action,  with  his  reasons  therefor  to  the  city  council, 
which  shall  take  immediate  action  thereon. 

He  may  except  from  his  approval  of  any  ordinance,  or- 


11 


der,  resolution  or  vote,  in  which  he  has  the  power  of  veto  by 
general  law,  any  portion  involving  a distinct  item  of  expen- 
diture; in  such  ease,  instead  of  returning  the  original,  he 
shall  transmit  a copy  of  such  portion  not  approved. 

He  shall  be  ex-officio  a member  and  chairman  of  the 
school  committee,  and  of  the  overseers  of  the  poor.  In  the 
school  committee  he  shall  have  only  a casting  vote. 

He  may  call  special  meetings  of  the  city  conncil,  or  of 
either  branch  thereof,  by  causing  notices  to  be  left  at  the 
usual  place  of  residence  of  each  member  of  the  city  council 
or  of  the  branch  to  be  convened. 

His  salary  shall  not  be  changed  during  his  term  of 
office. 

Sect.  10.  There  shall  be  the  following  adminstrative 
officers  who  shall  respectively  have  and  exercise  the  powers 
and  duties  of  like  public  officers  under  the  laws  of  the  Com- 
monwealth; also  those  herein  prescribed  and  those  conferred 
by  the  ordinances  of  said  city  upon  like  officers  and  boards, 
subject  to  such  changes  and  alterations  in  said  ordinances  not 
inconsistent  with  this  act,  as  may  hereafter  from  time  to  time 
be  made;  also  all  other  powers  and  duties  not  inconsistent 
with  the  nature  of  their  respective  officers  as  the  city  council 
may  prescribe ; also  in  their  respective  departments  the  power 
and  duty  of  executing  the  orders  and  contracts  of  the  city 
council  so  far  as  appropriations  shall  be  made  therefor,  but 
they  shall  have  no  power  to  expend  money  or  create  any 
liability  beyond  specific  appropriations  therefor  by  the  city 
council.  Their  compensation  shall  be  fixed  by  the  city 
council. 

I.  A superintendent  of  streets,  who  may  also  be  a 
superintendent  of  parks,  with  the  authority  of  highway  sur- 
veyors, whose  powers  and  duties  shall  be  the  construction, 
alteration,  repair,  maintenance,  care  and  lighting  of  streets, 
ways,  sidewalks  and  bridges. 

II.  A superintendent  of  parks,  whose  duties  and  powers 


12 


shall  be  the  construction,  alteration,  repair,  maintenance  and 
care  of  public  parks,  commons,  playgrounds  and  burial 
grounds. 

III.  A superintendent  of  drains  and  sewers  who  may 
be  the  city  engineer,  whose  powers  and  duties  shall  be  the 
construction,  alteration,  repair,  maintenance  and  care  of 
public  drains  and  sewers. 

IV.  A fire  commissioner,  avIio  shall  be  the  chief  engin- 
eer of  the  fire  department,  whose  powers  and  duties  shall  be 
the  extinguishment  of  fires  and  the  protection  of  life  and 
property  in  case  of  fire;  the  purchase,  so  far  as  authorized  by 
the  city  council  of  all  apparatus  used  therefor  and  keeping 
the  same  in  repair,  including  the  fire  alarm  telegraph  and 
telephone  system;  the  command,  direction,  control  and  dis- 
cipline of  the  fire  department  of  the  city,  and  the  appoint- 
of  the  members  thereof  subject  to  the  approval  of  the  mayor 
and  aldermen,  and  the  direction  of  the  work  of  the  members 
of  the  fire  department  in  case  of  fire  with  authority  to  pre- 
vent persons  not  authorized  by  him  from  coming  within  the 
lines  that  he  may  establish  in  the  neighborhood  of  the  build- 
ing or  buildings  in  which  a fire  may  occur. 

V.  A police  commissioner  who  may  be  the  city  mar- 
shal, whose  powers  and  duties  shall  be  the  command,  control, 
direction  and  discipline  of  the  police  force  and  all  property 
connected  therewith,  and  the  appointment  of  the  members 
thereof  subject  to  the  approval  of  the  mayor  and  aldermen. 

VI.  A water  commissioner  who  may  also  be  water  reg- 
istrar, whose  powers  and  duties  shall  be  the  construction,  al- 
teration, repair,  maintenance  and  care  of  the  water  works  and 
all  structures,  machinery,  pipes  aud  property  owned  or  used 
by  the  city  in  connection  therewith  and  with  the  supply  and 
distribution  of  water. 

VII.  A superintendent  of  public  buildings,  who  may 
also  be  inspector  of  buildings,  whose  powers  and  duties  shall 
be  the  construction,  alteration,  repair,  maintenance  and  care 


13 


of  public  buildings  owned  by  the  city,  excepting  existing 
powers  of  the  school  committee. 

The  foregoing  officers  shall  be  deemed  public  officers 
(and  not  agents  of  the  city)  for  whose  acts  the  city  shall  not 
be  liable,  excepting  so  far  as  liability  now  exists  for  the  acts 
of  like  public  officers. 

SCHOOL  COMMITTEE. 

Sect.  11.  The  school  committee  shall  continue  as  at 
present  constituted,  and  shall  consist  of  the  mayor,  and  presi- 
dent of  the  common  council,  ex-officio,  and  two  members 
from  each  ward  elected  for  the  term  of  three  years.  They 
, may  elect  from  their  own  number  a chairman,  who  shall  pre- 
side in  the  absence  of  the  mayor.  They  shall  serve  without 
compensation.  No  member  shall  be  the  superintendent  of 
schools.  They  shall  forthwith  file  in  the  office  of  the  city 
clerk  notice  of  any  vacancy  in  their  board,  and  may  fill  such 
vacancy  until  the  end  of  the  municipal  year  in  which  the 
next  municipal  election  is  held.  At  such  election  the  vacan- 
cy shall  be  filled  for  the  unexpired  term. 

No  money  shall  be  expended  by  the  school  committee 
except  by  a two-thirds  vote  of  the  members  present  and  voting. 

Sect.  12.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  repealed;  provided,  that  this  repeal  shall  not  revive 
any  act  heretofore  repealed,  nor  affect  any  right  accruing  or 
accrued  or  any  offence  commited,  or  penalty  or  forfeiture  in- 
curred at  the  time  when  this  act  takes  effect,  or  any  suit  or 
prosecution  or  other  proceeding  then  pending,  nor  abridge 
the  term  of  any  office  then  filled,  nor  effect  any  ordinance 
then  in  force  and  inconsistent  with  this  act. 

Sect.  13.  This  act  shall  take  effect  for  the  election  of 
municipal  officers  at  the  annual  municipal  election  on  the 
first  Tuesday  of  December  in  the  year  eighteen  hundred  and 
ninety-six,  and  for  all  other  purposes  at  the  beginning  of  the 


14 

municipal  year  in  the  following  January;  provided,  that  it 
shall  be  accepted J3y  a majority  of  the  legal  voters  of  said  city 
of  Newton,  voting  thereon  by  ballot,’  at  the  annual  state 
election  in  the  year^eighteen  hundred  amY  ninety-six,  notice 
thereof  having  been  duly  given. 

The  secretary  of  the  Commonwealth  shall,  prior  to  said 
election,  cause  to  be  placed  on  the  official  ballot  for  the  City 
of  Newton  the  following  words:  “Shall  the  act  of  the  general 
court  of  the  year  eighteen  hundred  and  ninety-six  revising 
the  Charter  of  the  City  of  Newton  be  accepted?  YES 

NO 


